<DOC>
[DOCID: f:w-93-062.wais]

 
CONTRACTORS SAND & GRAVEL SUPPLY, INCORPORATED
May 28, 1996
WEST 93-62-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                      1244 SPEER BOULEVARD #280
                        DENVER, CO 80204-3582
                    303-844-3993/FAX 303-844-5268


                             May 28, 1996

SECRETARY OF LABOR,           :    CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA),      :    Docket No. WEST 93-62-M
               Petitioner     :    A.C. No. 04-03404-05509
                              :
          v.                  :    Docket No. WEST 93-406-M
                              :    A.C. No. 04-03404-05510
CONTRACTORS SAND & GRAVEL     :
  SUPPLY, INCORPORATED,       :    Docket No. WEST 93-407-M
               Respondent     :    A.C. No. 04-03404-05511
                              :
                              :    Docket No. WEST 93-463-M
                              :    A.C. No. 04-03404-05512
                              :
                              :    Scott River Plant
                              :
                              :    Docket No. WEST 93-117-M
                              :    A.C. No. 04-04679-05506
                              :
                              :    Docket No. WEST 93-141-M
                              :    A.C. No. 04-04679-05507
                              :
                              :    Docket No. WEST 93-408-M
                              :    A.C. No. 04-04679-05508
                              :
                              :    Docket No. WEST 93-409-M
                              :    A.C. No. 04-04679-05509
                              :
                              :    Docket No. WEST 93-462-M
                              :    A.C. No. 04-04679-05510
                              :
                              :    Montague Plant

            DECISION AFTER REMAND APPROVING SETTLEMENT

Before:  Judge Cetti

      These  consolidated civil penalty proceedings are before me
upon petitions  for  assessment  of  civil  penalty under section
105(d)  of the Federal Mine Safety and Health  Act  of  1977,  30
U.S.C. �  801 et seq., (Mine Act).  The Secretary of Labor on be-
half of the  Mine  Safety  and Health Administration, charged the
operator  of  the  Scott River  Plant  and  Montague  Plant  with
numerous violations  of  safety  standards  set forth in Part 56,
Title 30, Code of Federal Regulations.

     A Default Decision was issued July 21, 1994,  when there was
no  response to my Show Cause Order.  Thereafter, the  Commission
reopened the matter and vacated the Default Decision and remanded
the matter to this Judge.

      Respondent  then obtained counsel who filed a timely answer
contesting the alleged violations.  The matter was set for hear-
ing which had to be  canceled because of the medical condition of
the principal witness.   The parties then filed cross motions for
summary decision.  On March 25, 1996, I issued a Summary Decision
vacating Citation No. 3911909  in  Docket  Nos. WEST 93-462-M and
WEST 94-409-M and dismissing WEST 94-409-M.

     At this time, the remaining consolidated cases are before me
on  petitions  for  assessment of civil penalties  under  section
105(d) of the Federal  Mine  Safety  and  Health  Act of 1977, 30
U.S.C.  �  815(d).   The  parties,  by counsel, filed an  amended
motion to approve a settlement agreement  of  all  the  remaining
citations.   Under  the proffered settlement there is a reduction
in the amount of the  proposed  penalties for 12 of the citations
and no changes in the original proposed  penalties  for 15 of the
citations as follows:

                  Health and Safety    Original     Proposed
                    Standard Cited     Proposed     Amended
   Citation No.     (CFR Title 30)     Penalty      Penalty

     3911911          56.14107(a)     $3,000.00    $  100.00
     3636680          56.12013           267.00       100.00
     3911916          56.12013         1,457.00       100.00
     3911919          56.14132(b)(1)     987.00       100.00
     3636674          56.14109(b)        168.00       100.00
     3636675          56.14107(a)        220.00       100.00
     3636676          56.14109           168.00       100.00
     3914031          56.5050(b)          50.00        50.00
     3911912          56.4200             50.00        50.00
     3911914          56.4402             50.00        50.00
     3911917          56.12013            50.00        50.00
     3913895          56.12028           382.00       100.00
     3913890          56.14112           147.00       100.00
     3913891          56.14112(a)        147.00       100.00
     3913892          56.15001            50.00        50.00
     3913893          56.18002            50.00        50.00
     3913894          56.14100            50.00        50.00
     3913897          56.14107            50.00        50.00
     3913883          56.15001            50.00        50.00
     3911799          56.12041            50.00        50.00
     3911903          56.12032            50.00        50.00
     3911907          56.14107(a)        119.00       100.00
     3911901          56.4200             50.00        50.00
     3911904          56.14107(a)         50.00        50.00
     3911905          56.14109(b)         50.00        50.00
     3911902          56.12013            50.00        50.00
     3911906          56.12020           337.00       100.00

                                           TOTAL   $1,950.00

     Under the proffered settlement agreement it is also agreed
that, with  the  exception  of  those  claims  for  fees and
expenses  set  forth  in Docket No. EAJ 96-3 filed with  the
Commission on April 24,  1996,  each side shall bear its own
costs and legal fees.

     I have considered the representations  and documentation
including  the  pleadings,  the  detailed  responses  to  the
prehearing orders, the affidavits and various transcripts of
the depositions submitted in this case, and I conclude  that
the  proffered settle-ment is appropriate under the criteria
set forth in section 110(i) of the Act.

     WHEREFORE, the motion for approval of settlement is GRANTED,
and it  is  ORDERED  that  Respondent,  Contractors Sand and
Gravel  Supply,  Inc.,  PAY  a penalty of $1,950.00  to  the
Secretary of Labor within 30 days of this decision.

     Payment shall be made to the Office of Assessments, Mine
Safety  and   Health   Administration,  P.O.  Box  160250-M,
Pittsburgh, Pennsylvania  15251.   Upon  receipt  of  payment,
the above-captioned proceedings are dismissed.


                              August F. Cetti
                              Administrative Law Judge


Distribution:

Steven R. DeSmith,  Esq., 
Office of the  Solicitor,
U.S. Department  of Labor, 
71  Stevenson Street, Suite 1110,
San Francisco, CA 94105

C. Gregory Ruffennach,  Esq.,
RUFFENNACH LAW OFFICES, 
1675 Broadway, Suite 1800,
Denver, CO 80202


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